Practice question
A prosecutor alleges the Article8(2)(b)(iv) offense but relies solely on a finding that an attack breached some precaution duty. The prosecutor omits the provision’s knowledge and clearly-excessive elements. Assume no other charging theory. What is correct?
- Those criminal elements must still be established; a different breach does not automatically prove this offense
- Any precaution breach conclusively proves every war crime
- The crime has no mental element
- The word clearly may be deleted by counsel
- A legal label replaces proof
Legal references
- Additional ProtocolI Article57: https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-57 Article57(2)(c),(3).
- Rome Statute: https://legal.un.org/icc/statute/99_corr/cstatute.htm Article8(2)(b)(iv).
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